CUNNINGHAM v. NEWMAN

4190, 401014/09.

81 A.D.3d 440 (2011)

916 N.Y.S.2d 771

BENJAMIN CUNNINGHAM, Appellant, v. DAVID NEWMAN, M.D., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 3, 2011.


There was no basis to strike the affirmation of defendants' expert, which, in conjunction with other evidence, established defendants' prima facie entitlement to summary judgment dismissal. In opposition, plaintiff failed to offer evidence sufficient to raise a triable issue regarding malpractice (see Zuckerman v City of New York, 49 N.Y.2d 557, 562 [1980]). The court also properly dismissed plaintiff's claims against defendants...

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